On the recordDecember 1, 2016
I rise to introduce the Fair Calculations in Civil Damages Act of 2016, also known as the Fair Calculations Act. This critical civil rights legislation would ensure that Federal judicial awards of civil damages do not value women and minorities less than other Americans. By combating discrimination in the award of civil damages, the Fair Calculations Act would help bring our nation one step closer to fulfilling the promise of equal justice under law. I thank Senator Gillibrand for her support, and I am proud she is an original cosponsor of this bill. I also thank Rep. Kennedy, who is introducing the House companion to this bill, for his leadership. A basic tenet of the American legal system is our shared belief that ``all men are created equal,'' an idea so critical to who we are and what we believe that it is explicitly reflected in our Declaration of Independence. Even our national charter reflects the idea that everyone must be given equal protection under the laws. Out of this constitutional foundation lays a simple truth: to be equal under the law means, at a minimum, that neither our government nor the rule of the law should discriminate against anyone by virtue of his or her membership in a group. Sadly, our Nation fails to live up to those promises when courts award damages in civil cases. Far too often, Federal and State judges use race or gender as factors to weigh when deciding how much money to award a plaintiff in a civil case.…





